Hammock v. Zant

Undercofler, Presiding Justice.

Hammock was indicted, convicted and sentenced to ten years on a conspiracy charge. On appeal, in Hammock v. State, 146 Ga. App. 339 (246 SE2d 392) (1978), he claimed the indictment was not sufficient to put him on notice that he was being charged with conspiracy under the Georgia Controlled Substances Act, Code Ann. § 79A-812, and raised a constitutional challenge to the statute for the first time. The Court of Appeals found the indictment was sufficient, but refused to recognize the untimely constitutional challenge. Hammock then filed his habeas petition…